The Disability (Access to Premises - Buildings) Standards 2010
The Premises Standards in relation to the DDA
The Disability Discrimination Act 1992 (DDA) prohibits unlawful discrimination in the provision of access to public buildings. Nevertheless the DDA provides no design specifications to assist developers in meetings this non-discrimination requirement.
Although Building Regulations progressively added access requirements, there was no certainty that these provisions were, or are, sufficient to satisfy the general non-discrimination required under the DDA. Since the DDA came into force in March 1993, complaints to the Australian Human Rights Commission have shown inconsistencies between the requirements of Anti-Discrimination Law and Building Law (BCA). This has caused difficulty for the building industry. Compliance with the BCA does not necessarily mean compliance with the DDA.
The inconsistency between anti-discrimination law and building law also generated uncertainty and apprehension for people with a disability. This is because some felt that building law standards were inadequate and that individual complaints would simply not be enough to generate wide-ranging changes to improve access.
Even if certifiers and regulators wanted to ensure that the best possible access was provided, the lack of minimum levels of access made it difficult to satisfy both building and anti-discrimination law requirements.
In 2001 the Australian Government amended the DDA to allow for the development of Disability Standards for access to premises, known as the Premises Standards.
The Disability (Access to Premises-Buildings) 2010
On 1st May 2011 The Disability (Access to Premises-Buildings) 2010 came into operation and became applicable to buildings whose approval is logged on or after that date. The Premises Standards set performance and provide references to technical specification to ensure dignified access and use of buildings by people with a disability. They clarify the general non-discrimination provisions of the DDA in relation to the design construction and management of Buildings.
The Premises Standards are filed under subsection 31(1) of the DDA and apply to all new buildings of the specified classes; these are building classifications used in building law.
The Premises Standards applies to new work undertaken on existing buildings that require building approval, such as an extension or renovation.
Some upgrades or improvements to buildings such as re-wiring, painting, replacement of heating or air conditioning systems or general maintenance are unlikely to require building approval and hence the Premises Standards would not apply in those cases.
Complying with the Premises Standards satisfies the DDA non-discrimination requirements for the matters covered by the Standards. If a person acts in accordance with the requirements of the Premises Standards, a successful compliant cannot be made in relation to that action under the DDA.
Existing buildings which are not undergoing any new work will be subject to the existing provisions of the DDA and owners and operators will continue to be exposed to complaints if they fail to provide non-discriminatory access.
The Premises Standards in relation to the DDA
The Disability Discrimination Act 1992 (DDA) prohibits unlawful discrimination in the provision of access to public buildings. Nevertheless the DDA provides no design specifications to assist developers in meetings this non-discrimination requirement.
Although Building Regulations progressively added access requirements, there was no certainty that these provisions were, or are, sufficient to satisfy the general non-discrimination required under the DDA. Since the DDA came into force in March 1993, complaints to the Australian Human Rights Commission have shown inconsistencies between the requirements of Anti-Discrimination Law and Building Law (BCA). This has caused difficulty for the building industry. Compliance with the BCA does not necessarily mean compliance with the DDA.
The inconsistency between anti-discrimination law and building law also generated uncertainty and apprehension for people with a disability. This is because some felt that building law standards were inadequate and that individual complaints would simply not be enough to generate wide-ranging changes to improve access.
Even if certifiers and regulators wanted to ensure that the best possible access was provided, the lack of minimum levels of access made it difficult to satisfy both building and anti-discrimination law requirements.
In 2001 the Australian Government amended the DDA to allow for the development of Disability Standards for access to premises, known as the Premises Standards.
The Disability (Access to Premises-Buildings) 2010
On 1st May 2011 The Disability (Access to Premises-Buildings) 2010 came into operation and became applicable to buildings whose approval is logged on or after that date. The Premises Standards set performance and provide references to technical specification to ensure dignified access and use of buildings by people with a disability. They clarify the general non-discrimination provisions of the DDA in relation to the design construction and management of Buildings.
The Premises Standards are filed under subsection 31(1) of the DDA and apply to all new buildings of the specified classes; these are building classifications used in building law.
The Premises Standards applies to new work undertaken on existing buildings that require building approval, such as an extension or renovation.
Some upgrades or improvements to buildings such as re-wiring, painting, replacement of heating or air conditioning systems or general maintenance are unlikely to require building approval and hence the Premises Standards would not apply in those cases.
Complying with the Premises Standards satisfies the DDA non-discrimination requirements for the matters covered by the Standards. If a person acts in accordance with the requirements of the Premises Standards, a successful compliant cannot be made in relation to that action under the DDA.
Existing buildings which are not undergoing any new work will be subject to the existing provisions of the DDA and owners and operators will continue to be exposed to complaints if they fail to provide non-discriminatory access.
